§ 28-2. Inherent power and authority of municipal court; adoption of local rules of court; contempt of court; violations and penalties.

(a)

The municipal court possesses inherently all powers necessary for the exercise of its jurisdiction and the enforcement of its lawful orders, including authority to issue such writs and orders as may be necessary or proper in aid of its jurisdiction. It has the duty to require that criminal proceedings shall be conducted with dignity and in an orderly and expeditious manner and to so control the proceedings that justice is done. The court has the power to punish for contempt.

(b)

The court may adopt rules for the conduct of criminal proceedings before it, not in conflict with provisions of the Louisiana Code of Criminal Procedure or of other laws. When a court has more than one judge, its rules shall be adopted or amended by a majority of the judges thereof, sitting en banc. The rules shall be entered on the minutes of the court, and a copy shall be furnished on request to any attorney licensed to practice law in the state.

(c)

A contempt of court is an act or omission tending to obstruct or interfere with the orderly administration of justice, or to impair the dignity of the court or respect for its authority. Contempts of court are of two kinds, direct and constructive.

(d)

A direct contempt of court is one committed in the immediate view and presence of the court and of which it has personal knowledge; or, a contumacious failure to comply with a subpoena, summons or order to appear in court, proof of service of which appears of record; or a contumacious failure to comply with an order sequestering a witness. A direct contempt includes, but is not limited to, any of the following acts:

(1)

Contumacious failure, after notice, to appear for arraignment or trial on the day fixed therefor;

(2)

Contumacious failure to comply with a subpoena or summons to appear in court, proof of service of which appears of record;

(3)

Contumacious violation of an order excluding, separating, or sequestering a witness;

(4)

Refusal to take the oath or affirmation as a witness, or refusal of a witness to answer a nonincriminating question when order to do so by the court;

(5)

Contumacious, insolent, or disorderly behavior toward the judge or an attorney or other officer of the court, tending to interrupt or interfere with the business of the court or to impair its dignity or respect for its authority;

(6)

Breach of the peace, boisterous conduct, or violent disturbance tending to interrupt or interfere with the business of the court or to impair its dignity or respect for its authority;

(7)

Use of insulting, abusive, or discourteous language by an attorney or other person in open court, or in a motion, plea, brief, or other document, filed with the court, in irrelevant criticism of another attorney or of a judge or officer of the court;

(8)

Violation of a rule of the court adopted to maintain order and decorum in the courtroom; or

(9)

Contumacious failure to attend court as a member of a jury veniere or to serve as a juror after being accepted as such when proof of service of the subpoena appears of record.

(e)

A person who has committed a direct contempt of court may be found guilty and punished therefor by the court without any trial, after affording him an opportunity to be heard orally by way of defense or mitigation. The court shall render an order reciting the facts constituting the contempt, adjudging the person guilty thereof, and specifying the punishment imposed.

(Code 1976, § 18:25; City Criminal Code, art. 73, 4-21-1976; Ord. No. 952, § 1, 10-9-1989)